2009AP435 Williams v. Housing Authority of the City of Milwaukee

Listen to this article

Administrative Law
Public housing

An applicant cannot be denied rent assistance based solely on hearsay evidence.

"The Housing Authority's findings violate the long-standing Wisconsin rule against basing an agency finding on uncorroborated hearsay. See Gehin, 278 Wis. 2d 111, ¶8. Here, the Housing Authority clearly founded its decision on double-hearsay-the officer's written statement on the back of the September 2004 citation. No witness testified to verify that recollection of events; Williams testified and denied the threat and the violence. While the Housing Authority's decision implicitly states that it did not find Williams credible, the responding officer's recollection of what a witness told him Williams said on September 2004, by itself, is not sufficient evidence on which the Housing Authority can deny Williams's application. Based on Gehin and basic fairness, the Housing Authority's findings and decision cannot stand."

Affirmed.

Recommended for publication in the official reports.

2009AP435 Williams v. Housing Authority of the City of Milwaukee

Dist. I, Milwaukee County, DiMotto, J., Brennan, J.

Attorneys: For Appellant: Riordan, Christopher P., Milwaukee; Raines, Douglas M., Milwaukee; For Respondent: Hartman, April A.G., Milwaukee

Full Text